A person commits the offense of littering if he or she places,
deposits, or causes to be placed or deposited, any glass, glass bottles,
wire, nails, tacks, hedge, cans, garbage, trash, refuse, or rubbish
of any kind, nature or description on the right-of-way of any public
road or State highway or on or in any of the waters in this City or
on the banks of any stream, or on any land or water owned, operated
or leased by the State, any board, department, agency or commission
thereof or on any land or water owned, operated or leased by the Federal
Government or the City, or on any private real property owned by another
without the owner's consent.
[R.O. 1993 § 220.170; CC 1969 § 18-14.2; Ord. No. 2367 §§ 1 — 2, 6-9-1986; Ord. No. 2452 § 1, 6-12-1989]
No person shall hinder, delay, restrict or interfere with an
emergency medical technician while in the performance of his duty
in treating or administering medical aid to sick, injured or infirm
persons.
[R.O. 1993 § 220.180; R.O. 1932 § 601;
CC 1969 § 18-15]
It shall be unlawful for any person, in and upon any street
or other public place within the City, to fly a kite, throw snowballs,
play at any game or amusement or engage in any sport or exercise likely
to injure persons or interfere with the passage of vehicles or pedestrians.
[R.O. 1993 § 220.200; R.O. 1932 § 617;
CC 1969 § 18-43]
It shall be unlawful for any person in the City to wantonly
or mischievously throw by hand or by any other means any rock, stone,
brick, ball or other missile upon or against any building or fence,
or in or upon any lot not his own, or at or towards any person or
the property of another.
[Ord. No. 3172, 3-19-2018]
A. Definitions. As used in this Section, the following terms mean:
AERIAL
Any firework designed to shoot a flaming ball or projectile
into the air.
DEALER
Any person or entity which sells, transfers, or exchanges
fireworks within the City or which obtains fireworks outside of the
City for transfer or exchange within the City.
FIREWORKS
Any composition or device for producing a visible, audible,
or both visible and audible effect by combustion, deflagration, or
detonation and that meets the definition of consumer, proximate, or
display fireworks as set forth by 49 CFR Part 171 to end, United States
Department of Transportation hazardous materials regulations.
MORTAR SHELL or ARTILLERY SHELL
A reloadable aerial containing a lift charge and long fuse
designed to be inserted and discharged by means of a tube made of
cardboard, fiberglass, high-density polyethylene (HDPE) or similar
material.
B. All fireworks sales shall be limited to the dates of June 24th through
July 5th, inclusive, between the hours of 8:00 A.M. and 9:00 P.M.
with the exception of July 4th, on which date said hours of sale shall
be extended to 12:00 Midnight.
C. No dealer shall sell or transfer to any person any artillery shell
or mortar shell except as otherwise authorized under this Section.
D. No person under the age of eighteen (18) years of age shall purchase
fireworks and no person, dealer or distributor of fireworks within
the City limits shall sell or transfer fireworks to any person without
receiving photo identification from that person and verifying such
person is at least eighteen (18) years of age.
E. The discharge of all types of fireworks shall be limited to the hours
from 8:00 A.M. to 9:00 P.M. from July 1st to July 3rd, and from 8:00
A.M. to 12:00 Midnight on July 4th of any respective year. In case
of inclement weather or other good cause, the Mayor of Malden may
extend the dates for discharge through July 5th.
F. No person under the age of eighteen (18) years of age shall discharge
any type of fireworks without the direct supervision of an adult person.
G. All discharges of fireworks of any type must be made within the confines
of the property of the person or entity discharging same and shall
not be allowed to land on the property of another.
H. No fireworks of any kind shall be permitted to be discharged within
five hundred (500) feet of any service station, bulk fuel storage
facility or hazardous material holding facility.
I. No person, organization, or group shall possess or discharge any
artillery shell or mortar shell unless authorized by permit under
this Section.
J. Any group or organization recognized as religious, charitable, fraternal, veteran or service under the laws of this state or the United States may make application to the City Council for a permit to discharge any fireworks prohibited by Subsection
(E) of this Section as part of a bona fide fireworks show or display.
1.
Said application must:
a.
Be signed by an authorized representative of the group or organization;
b.
Include a statement that the group or organization is recognized
as recognized as religious, charitable, fraternal, veteran or service
under the laws of this state or the United States;
c.
Include the date of the show or display and a brief description
of the area in which the artillery shell or mortal shell or shells
will be discharged; and
d.
Be submitted no later than thirty (30) days prior to the date
of the proposed show or display.
2.
A permit shall not be denied unless the City Council determines:
a.
The applicant does not meet the qualifications set forth in
this Subsection; or
b.
The area proposed for discharge is unsafe for discharge, in
which case the applicant shall be allowed to amend its application
to include a safe location.
K. Any person found to be in violation of this Section shall be found
to have committed a municipal infraction of the law and shall be fined
in accordance with the schedule set therefor.